Native Marriage King’s Regulation

Written on .

WHEREAS the Islanders Marriage Act (Cap.47) is based upon the Native Marriage King’s Regulation 1945 which recognised custom marriages to this day.

AND WHEREAS there is also the Pacific Islands Civil Marriages Order of 1907 still recognised by the Islanders Marriage Act (Cap. 47) above.

AND WHEREAS these multiple laws have caused confusion and the need for rectification as soon as possible is but obvious.

AND WHEREAS the law relating to divorce in Solomon Islands is also in need of review to bring it in line with modern approach to divorce settlement in Commonwealth countries.

AND WHEREAS in so doing regard should also be given to the aspirations of the people of Solomon Islands in terms of giving them the choice between alternatives, if any, of available approaches to divorce settlement.

NOW THEREFORE in exercise of the powers conferred by section 5(1) of the Law Reform Commission Act, 1994, I, OLIVER ZAPO, Minister of Justice and Legal Affairs hereby refer to the Law Reform Commission the following –

To enquire and report to me on –

A.

  1. The need to have one single civil marriage law for all persons resident in Solomon Islands.
  2. The recognition of marriage conducted according to custom in Solomon Islands.
  3. The need for registration of customary marriages for the purposes of proof in Court etc.
  4. Reforms that may be necessary to meet the aspiration of the people of Solomon Islands.

B.

  1. The review of the law relating to divorce in Solomon Islands.
  2. Reforms as may be necessary bearing in mind the aspirations of the people of Solomon Islands in the context of Solomon Islands circumstances.

Dated at Honiara this 1st of May 1995.

O. ZAPO

Minister of Justice and Legal Affairs

NB: Explanation: There are three systems in the law for marrying, namely, marriage under custom, marriage under the Islander’s Marriage Act (Cap.47) and marriage under the Pacific Islands Civil Marriages Order of 1907. Not only are these systems discriminatory in some ways but they are apart from customary marriage, confusing also. It is therefore necessary to review the present marriage law with the view of having one marriage law for every one apart from customary marriage in Solomon Islands.

The law relating to divorce in Solomon Islands is based upon the English divorce law. However, the concept which forms the basis of the English divorce law has undergone some fundamental changes over the years. These changes have come about as a result of social and economic circumstances in England and elsewhere within the Commonwealth. It is therefore necessary to look again at the divorce system in Solomon Islands in the light of these changes with the hope that Solomon Islands’ divorce system benefits from useful changes in these other countries through their experiences over the years. However, whatever these changes may be, must be acceptable to the people of Solomon Islands.

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